I just have a quick question, if a grandparent has custody of their grandchild and is providing 100% of the childs care and claiming the grandchild as a dependent can the grandparents file a for child benefits and child in care benefits? The child is 13 and they are eligible for social security benefits and make less than the earnings limit. We were told that the child has to be legally adopted for this benefit from the social security office. Is that true?
Hi. A child can only qualify for child's benefits on the account of a grandparent if the child is either a) adopted by the grandparent, or b) if the child's natural parents are both either deceased or disabled (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0325.html).
If a grandchild does qualify for child benefits on a grandparent's account and if the child is under age 16 or is disabled, then the grandparent's spouse could potentially qualify for child in care spousal benefits if they have the eligible child in their care.